Iontsev Mikhail A.

The paper discusses the peculiarities of adopting Part 5 of Article 14 of the Law on Digital Financial Assets,which prohibits digital currency transactions.The author defines payment as a form of counter-provision and examines the idea of counter-provision concerning the theory of synallagmatic relations.The article clarifies the definition of terms «payment» and «means of payment» and highlights how they impact the boundaries of the ban on transactions involving virtual currencies. The article discusses the nature of digital currencies and their place in the system of civil law objects,emphasizing that the legal phenomenon of cryptocurrency has not yet been sufficiently researched, and the judicial practice is formed along the lines of recognizing digital currencies as an absolute property right sui generis. The study identifies the variety of people and digital currency types that can be dealt with in digital currency transactions.The author considers the most intriguing aspect of digital currencies to be their ability to completely change the established concept of money and its circulation.

This article examines the key issues concerning opening rehabilitation procedures in the French legal system. The author examines the presumptions for consolidating or rebutting the need for procedures aimed at the debtor’s welfare. The rehabilitation procedure has economicand legal aspects, which are interconnected. The first comes down to the fact that the rehabilitative procedure depends on the structure of the debtor’s assets and capital. The legal ground is the presumption of the need for a rehabilitation procedure. Usually, the economic criterion consists of simple rules guiding the judge: businesses that participate in soft or hard oligopoly markets cannot be liquidated immediately because they would cause significant harm to the economy (except in declining economic sectors); representatives of markets with monopolistic competition do not generally affect a large number of people and do not make significant superprofits, so their liquidation would not cause considerable harm to the economy. The presumption of the need for rehabilitation is rebutted byprocedural means of proof. Creditors must provide evidence that payments have been suspended on their claims and that the financial statements show the structure of assets and liabilities of the debtor’s property can be considered insolvent.